Godwin v. East Baton Rouge Parish School Bd.

408 So. 2d 1214, 2 Educ. L. Rep. 928, 1981 La. LEXIS 11181
CourtSupreme Court of Louisiana
DecidedDecember 14, 1981
Docket81-C-0946
StatusPublished
Cited by7 cases

This text of 408 So. 2d 1214 (Godwin v. East Baton Rouge Parish School Bd.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Godwin v. East Baton Rouge Parish School Bd., 408 So. 2d 1214, 2 Educ. L. Rep. 928, 1981 La. LEXIS 11181 (La. 1981).

Opinion

408 So.2d 1214 (1981)

Fannie GODWIN
v.
EAST BATON ROUGE PARISH SCHOOL BOARD et al.

No. 81-C-0946.

Supreme Court of Louisiana.

December 14, 1981.
Rehearing Denied February 19, 1982.

*1215 Woodrow W. Wyatt, Baton Rouge, for plaintiff-applicant.

John F. Ward, Jr., and Robert L. Hammonds, Baton Rouge, for defendant-respondent.

MARCUS, Justice.

Fannie Godwin instituted this action against the East Baton Rouge Parish School Board and its president, George H. Richard, seeking a declaration that Rule VII of the Rules of Procedure of said board,[1] both on *1216 its face and as applied to her, violated her rights of freedom of speech, to assemble peaceably and to petition government for a redress of grievances under the first amendment to the federal constitution and sections 7 and 9 of article 1 of our state constitution.[2] She further sought an injunction prohibiting the enforcement of said rule.

After a hearing, the trial court upheld the constitutionality of Rule VII and denied the application for a preliminary injunction. Plaintiff appealed. The court of appeal affirmed.[3] On plaintiff's application, we granted certiorari to review the correctness of that decision.[4]

The sole issue presented for our consideration is whether that portion of Rule VII that provides that "[n]o sign, placard, or poster which is carried by hand shall be permitted in the School Board office building or any of its rooms" is unconstitutional either on its face or as applied to plaintiff under the first amendment to the federal constitution and sections 7 and 9 of article 1 of our state constitution guaranteeing freedom of speech and the right to assemble peaceably and petition government for a redress of grievances.

At the hearing on the application for a preliminary injunction, certain facts were stipulated between the parties which may be summarized as follows:

On December 4, 1980, the East Baton Rouge Parish School Board adopted new "Rules of Procedure" which became effective January 5, 1981. On January 5, 1981, the school board met at the Instructional Resource Center of the school board, a publicly-owned building. The principal purpose of the meeting was to discuss, deliberate and take official action toward adopting a proposed plan for desegregating the public schools in the parish. Mrs. Godwin attended the meeting as a member of the public and sat at the rear of the meeting room with no one seated behind her. She carried a sign approximately 15 X 23 inches in size which she displayed by standing next to her chair and holding it above her head. The sign depicted a black and a white child and stated: "Desegregation can help people know one another better so they can work together better." At no time did Mrs. Godwin engage in any loud or boisterous conduct nor did her behavior threaten the orderly conduct of the meeting. She conducted herself in a quiet and orderly manner at all times. The school board president, George Richard, interrupted the agenda and requested Mrs. Godwin to remove the sign or herself from the meeting. He read her the rule prohibiting signs of which she was already aware. When she failed to comply, he recessed the meeting, left the bench or *1217 podium and approached Mrs. Godwin in the rear of the room where he again asked her to remove the sign or herself. Upon her refusal to do so, she was arrested for trespass and removed from the building by the police.

In addition to the above stipulation of facts, Mrs. Eileen Armstrong, immediate past-president and ten-year member of the board, testified that in past meetings, hand signs had created a problem by blocking the view of others at the meetings; by distracting the members of the school board from their deliberations; and by creating a potential safety hazard to others at the meetings. She also stated that Mrs. Godwin could have expressed the same sentiments on the sign at the microphone verbally or by submission of a written document. A written agenda is prepared for each regular school board meeting. Rules permit a person to speak for five minutes on any subject on the agenda. Discussion of a subject not on the agenda requires the vote of two-thirds of the board. Mr. Richard, president and six-year member of the board, also testified that signs had been disruptive of the meetings in the past. Both he and Mrs. Armstrong stated that past disruptions had led to the promulgation of Rule VII.

Communication by signs, placards, or posters is closely akin to "pure speech" and is entitled to comprehensive protection under the first amendment. See Tinker v. Des Moines Independent School District, 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969). The first amendment, however, does not guarantee the right to communicate one's views at all times and places or in any manner that may be desired. Heffron v. International Society for Krishna Consciousness, 452 U.S. 640, 101 S.Ct. 2559, 69 L.Ed.2d 298 (1981).[5] Thus, Mrs. Godwin's display of a hand-carried sign, like other forms of expression protected by the first amendment, is subject to reasonable time, place and manner restrictions. As stated by the United States Supreme Court in Heffron, supra, 101 S.Ct. at 2564:

We have often approved restrictions of that kind provided that they are justified without reference to the content of the regulated speech, that they serve a significant governmental interest, and that in doing so they leave open ample alternative channels for communication of the information.

The issue here then is whether Rule VII is a permissible restriction on the place and manner of communicating the views of citizens attending school board meetings, more specifically, whether the school board may exclude from its meetings all hand-carried signs.

A major criterion for a valid time, place and manner restriction is that the restriction "may not be based upon either the content or subject matter of the speech." Heffron, supra. Rule VII qualifies in this respect since it applies even-handedly to all who wish to bring hand-held signs into school board meetings. No sign, placard or poster which is carried by hand is permitted in the school board office building or any of its rooms.

Moreover, since all hand-carried signs are forbidden by the rule, no discretion is vested in the school board to permit some hand signs while not allowing others. Hence, *1218 Rule VII is not open to the kind of arbitrary application that has been condemned as inherently inconsistent with a valid time, place and manner regulation because such discretion has the potential for becoming a means of suppressing a particular point of view. Heffron, supra, and cases cited therein.

A valid time, place and manner restriction must also "serve a significant governmental interest." Heffron, supra. Here, the principal justification asserted by the school board in support of Rule VII is the need to ensure that its meetings are conducted in an orderly and dignified manner.[6]

School board meetings are held in a room of the school board office building. A written agenda is prepared for each school board meeting. Rules permit a person to speak for five minutes on any subject on the agenda.

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408 So. 2d 1214, 2 Educ. L. Rep. 928, 1981 La. LEXIS 11181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/godwin-v-east-baton-rouge-parish-school-bd-la-1981.